Florida Senate - 2018                             (NP)    SB 402
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00666A-18                                           2018402__
    1                        A bill to be entitled                      
    2         An act relating to the Pinellas County Construction
    3         Licensing Board; amending chapter 75-489, Laws of
    4         Florida, as amended; revising the composition of the
    5         Pinellas County Construction Licensing Board; revising
    6         the terms of the board members; providing for the
    7         election and terms of the chair and vice chair;
    8         authorizing the board to regulate local licensure and
    9         discipline local contractors; authorizing the board to
   10         employ personnel and incur expenses; providing that
   11         board staff are employees of Pinellas County;
   12         providing that the board is a dependent agency of the
   13         Board of County Commissioners of Pinellas County;
   14         authorizing the Board of County Commissioners to adopt
   15         rules; requiring the board to provide an annual report
   16         on finances and administrative activities; subjecting
   17         the board to periodic audits; requiring members of the
   18         board to file financial disclosure statements;
   19         specifying the board is eligible for state funding to
   20         support its operations during transition to the
   21         county; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (1) and (3) of section 12 of part II
   26  of chapter 75-489, Laws of Florida, as amended by chapters 89
   27  504, 93-387, and 2003-319, Laws of Florida, are amended, and
   28  subsections (13) through (16) are added to that section, to
   29  read:
   30  
   31         Section 12. Pinellas County Construction Licensing Board;
   32  organization; meetings, and powers.—
   33         (1) The Pinellas County Construction Licensing Board is
   34  created, within the county of Pinellas, consisting of 15
   35  members, as follows:
   36         (a) Eight members, each of whom practices as or, as
   37  appropriate, is primarily engaged in business as one the
   38  following: a licensed general contractor, a Florida registered
   39  architect, a licensed residential building contractor, a
   40  licensed electrical contractor or a licensed plumbing
   41  contractor, a mechanical contractor or a Class A air
   42  conditioning contractor, a licensed roofing contractor, a
   43  licensed sheet metal contractor, a licensed swimming pool,
   44  aluminum, or veneer specialty contractor;
   45         (b) A fire marshal or a Pinellas County building official;
   46         (c) Two consumer representatives not affiliated with the
   47  construction industry;
   48         (d) A consumer protection representative from the Pinellas
   49  County government; and
   50         (e) Three building officials, as follows:
   51         1. A North county building official from one of the
   52  following municipalities: Clearwater, Tarpon Springs, Dunedin,
   53  Oldsmar, Safety Harbor, Belleair, Belleair Bluffs, or Largo;
   54         2. A South county building official from one of the
   55  following municipalities: St. Petersburg, South Pasadena,
   56  Gulfport, Seminole, Kenneth City, or Pinellas Park; and
   57         3. A Beach Community building official appointed from a
   58  list of three nominees from the Barrier Islands Governmental
   59  Council twenty-one (21) members, two (2) of whom are primarily
   60  engaged in business as general contractors; two (2) of whom are
   61  primarily engaged in business as building contractors, two (2)
   62  of whom are primarily engaged in business as residential
   63  contractors, one (1) who is a Florida registered architect doing
   64  business in Pinellas County, one (1) who is an electrical
   65  contractor, one (1) who is a plumbing contractor, one (1) who is
   66  a mechanical contractor, one who is a roofing or sheet metal
   67  contractor, one (1) who is a swimming pool, aluminum or veneer
   68  specialty contractor, two (2) fire marshals, and the three (3)
   69  building Directors of the following: City of St. Petersburg,
   70  City of Clearwater and County of Pinellas, one (1) North county
   71  building director from one of the following municipalities:
   72  Tarpon Springs, Dunedin, Oldsmar, Safety Harbor, Belleair,
   73  Belleair Bluffs, or Largo, one (1) South county building
   74  director from one of the following municipalities: South
   75  Pasadena, Gulfport, Seminole, Kenneth City, or Pinellas Park,
   76  one (1) Beach Community building director from one of the
   77  following: the Town of Belleair Beach, the Town of Belleair
   78  Shores, the City of Redington Beach, the City of North Redington
   79  Beach, the City of Madeira Beach, the City of Indian Rocks
   80  Beach, the Town of Indian Shores, the Town of Redington Shores,
   81  the City of Treasure Island, and the City of St. Pete Beach, and
   82  one (1) consumer member who is a resident and citizen of
   83  Pinellas County and who is not and never has been a member or
   84  practitioner of any of the trades or professions regulated by
   85  the board or a member or practitioner of any closely related
   86  trade or profession. All members of the board must shall be
   87  residents of Pinellas County and are appointed by the Chairman
   88  of the Board of County Commissioners.
   89         (3)(a) A board member may not serve more than two
   90  consecutive terms of 2 years, but may be reappointed after a 2
   91  year hiatus Members of the board shall be selected as follows:
   92  The three (3) building directors of the City of Clearwater, City
   93  of St. Petersburg and the County of Pinellas; one (1) North
   94  county building director and one (1) South County building
   95  director selected by the Chairman of the Board of County
   96  Commissioners from the municipalities listed in subsection (1);
   97  one (1) Beach Community building director appointed from a list
   98  of three (3) nominees submitted by The Barrier Island Government
   99  Council; a Florida Registered Architect appointed from a list of
  100  three recommended architects submitted by the American Institute
  101  of Architects Florida Central Chapter, St. Petersburg and
  102  Clearwater Sections; two (2) of whom are primarily engaged in
  103  the business as general contractors from a list of five (5)
  104  submitted by The Association of General Contractors of Mid
  105  Florida, Inc.; two (2) of whom are primarily engaged in the
  106  business as Building Contractors from a list of five (5)
  107  submitted by the Contractors and Builders Association of
  108  Pinellas County; two (2) of whom are primarily engaged in the
  109  business as residential building contractors from a list of five
  110  (5) submitted by Contractors and Builders Association of
  111  Pinellas County; one (1) who is an electrical contractor from a
  112  list of five (5) supplied by the Electrical Council of Florida,
  113  Pinellas County Chapter; one (1) who is a Plumbing contractor
  114  from a list of five (5) supplied by the Pinellas Association of
  115  Plumbing, Heating & Cooling Contractors, Inc.; two (2) of whom
  116  are fire marshals, who shall be active members of the Tampa Bay
  117  Area Fire Marshals Association, from a list of five (5) supplied
  118  by said association, one (1) of whom shall serve an initial term
  119  of three (3) years, the other to serve an initial term of two
  120  (2) years, with successors to serve for a term of two (2) years
  121  thereafter; one (1) who is a mechanical or Class A air
  122  conditioning contractor from a list of (5) supplied by the
  123  Refrigeration and Air Conditioning Contractors’ Association
  124  (“RACCA”); one (1) roofing or sheet metal contractor and one (1)
  125  swimming pool, aluminum or veneer specialty contractor selected
  126  by the Chairman of the Board of County Commissioners; one
  127  consumer member to be appointed by the Chairman of the Board of
  128  County Commissioners in accordance with paragraph 2(a). The
  129  building director members from the City of Clearwater, from the
  130  City of St. Petersburg and Pinellas County, shall be permanent
  131  members of the board. All other members shall serve terms of two
  132  (2) years.
  133         (b) The terms of the following members shall commence their
  134  terms in even-numbered years: the licensed general contractor,
  135  the Florida registered architect, the licensed residential one
  136  (1) general contractor, one (1) building contractor, the
  137  licensed or, one (1) residential building contractor, one (1)
  138  electrical or licensed plumbing contractor, a one (1) fire
  139  marshal, one (1) consumer representative, and the North county,
  140  South county, and Beach Community building officials. The terms
  141  of the following members shall commence their terms in odd
  142  numbered years: the consumer protection representative from the
  143  Pinellas County government, the one (1) general contractor, one
  144  (1) building contractor, one (1) residential building
  145  contractor, one (1) mechanical contractor or Class A air
  146  conditioning contractor, the one (1) plumbing contractor, one
  147  (1) fire marshal or the Pinellas County building official, the
  148  licensed one (1) roofing or sheet metal contractor, the one (1)
  149  swimming pool, aluminum, or veneer specialty contractor, the
  150  sheet metal contractor, a and one (1) consumer member, and the
  151  South county building official.
  152         (c) As the terms of members expire, the Chairman of the
  153  Board of County Commissioners shall appoint a member to fill the
  154  vacancy for a term of 2 two (2) years in the same manner as that
  155  membership was originally filled. The architect, contractor,
  156  electrical, plumbing and mechanical members shall be selected
  157  from the county at large. The board shall elect from one of its
  158  members a chair to serve as chairman and a vice chair one of its
  159  members to serve as vice-chairman, for terms of up to 2 years a
  160  term to be set by the board. All terms of office expire on
  161  September 30 of the last year of the term. Vacancies in the
  162  membership occurring prior to the end of a member’s term for any
  163  cause shall be filled by Pinellas County appointment in the same
  164  manner as that membership was originally filled.
  165         (13) The board shall regulate local licensure and
  166  discipline local contractors, and is authorized to employ
  167  personnel and incur expense as necessary to perform its duties
  168  and enforce this section. Board staff are employees of Pinellas
  169  County, and Pinellas County is responsible for all costs
  170  associated therewith. The board is a dependent agency of the
  171  Board of County Commissioners. The Board of County Commissioners
  172  may adopt rules to implement this act.
  173         (14)(a) The board shall submit to all local governments in
  174  Pinellas County, and make available to the public, a complete
  175  report on finances and administrative activities of the board as
  176  of the end of each fiscal year.
  177         (b) The board is subject to periodic audits performed by a
  178  certified auditor chosen by the Board of County Commissioners.
  179         (15)Each member of the board who is not otherwise required
  180  to file a financial disclosure statement pursuant to s. 8, Art.
  181  II of the State Constitution or s. 112.314 must file an annual
  182  disclosure of financial interests pursuant to s. 112.3145.
  183         (16) The board is eligible for state funding for 3 years
  184  after the effective date of this act to support its operations
  185  as it transitions to Pinellas County.
  186         Section 2. This act shall take effect upon becoming a law.